Please carefully read the following Terms of Service as use of this website constitutes your acceptance of them and your agreement to abide by them.
Terms
SearchOffshore and it’s subsidiaries, affiliates, successors, and assignees (hereinafter collectively referred to as “the Company” and/or “we” and/or “our”) provides through its web presence services to you, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. In addition, when using the Company’s services, you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
If you are an advertiser, please note that the company provides additional Terms of Service for you.
Website Services
We currently provide web based directory of businesses and their respective information (searchoffshore.com (the “Website”), including but not limited to contact information and advertisements (the “Service”).
You understand and agree that the Service includes or may include advertisements and that these advertisements are necessary for the Company to provide the Service. You also understand and agree that the service may include certain communications to you from the company or it’s agents as service announcements, administrative messages and that these communications are considered part of the Service.
You understand and agree that the Company assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation settings. Except for allowing you to use the company’s operated websites for your personal use as defined in these TOS, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of the company or other companies or individuals that may advertise on the company’s site. You understand that you have no rights to the Services or any other company property except as stated in these TOS.
All free listings will remain free for an indefinite period with no terms to upgrade, unless it is agreed by You to upgrade the listing. Enhanced, Premium and Multi-Elite listings memberships are on an annual (12-months) basis paid in advance.
The prices and the terms of payment for a listing upgrade and entry in SearchOffshore are displayed at all times on this website, including the point where you choose to make a purchase. You understand and agree that upon purchasing a listing for your business or any other entity, Your listing will automatically renew on the date of expiration so the listing needs to be cancelled prior to a new charge being taken and a new period or service provided. In such cases, the renewal shall be performed in accordance with the manner of payment originally chosen by the subscriber, at the price rate of the original subscription unless otherwise agreed in writing. A listing for one company cannot be substituted for a listing for another. You can cancel your subscription at any time by contacting us in writing to this effect, with termination taking effect from the end of the validity period covered by the last annual payment made. For instances where a You require a listing to be removed immediately, please contact us. A refund for the remaining subscription period will not be offered. If you want to cancel your listing, after the initial14-day cooling off period, there will be no refund. We reserve the right to edit details, change page layouts and delete entries at any time without making a refund. All initial payments received are for assessing or setting up directory listings.
Your Obligations
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the company has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Privacy Policy
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, you can access our privacy policy at https://searchoffshore.com/privacy-policy/
General Member Obligations
This website may only be used for lawful purposes. You agree to not use (and for the avoidance of doubt this includes but is not limited to uploading, posting, emailing, transmitting or otherwise making available on or to) the Service or the Website:
for any unlawful purpose;
to promote any illegal activity, violent or sexually explicit material;
to promote any form of discrimination,
to harm, threaten, defame abuse or harass another person in a way that invades someone’s privacy or is (in our reasonable opinion) offensive or unacceptable;
to create, check, confirm, update or amend someone else’s databases, records, directories, customer lists, mailing or prospecting lists;
to provide any kind of customer lists or commercial information service;
collect or store personal data about other users.
as a source of material or contact data for any kind of marketing activity;
impersonate any person or entity, including, but not limited to, a company official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
use in a way that imposes an unreasonable or disproportionately large burden on the websites technical systems as determined by us; or
using any means (including automated) to monitor or copy the website or its content, or to interfere with or attempt to interfere with how the website works.
Member Obligations When Providing Data to the Website
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not the Company, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the Service or on the Website. The Company does not claim ownership of Content you submit or make available for inclusion on the Service or the Website.
You agree with respect to Content you submit or make available for inclusion on publicly accessible areas of the Website, to grant The Company the following world-wide, royalty free and non-exclusive license(s), as applicable, a licence free of charge to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific website to which such Content was submitted or made available. These license(s) exist only for as long as you elect to continue to include such Content on the Service and will terminate 3months after at the time you remove or notify us that you have done so (whichever is the later) such Content from the Service.
“Publicly accessible” areas of the Service are those areas of the Website that are intended by the company to be available to the general public.
Please choose carefully any information You post on the Website, as it will be available for public viewing. By providing any material to the Website you are confirming that:
The material is Your own original work or You are authorised to provide it to the Website;
The material is not defamatory (that is, it does not damage someone’s good reputation), does not take away or affect any other person’s privacy rights, copyright, contract rights or any other rights, and
You have the right to give us permission to use it for the purposes specified above.
You acknowledge and accept that we do not have a duty to publish any material the Subscriber has provided.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by the Company or submitted to the Company.
You agree to comply with all local rules regarding online conduct and acceptable content and You agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
Our Rights
The Company and its designees shall have the right (but not the obligation) in their sole discretion to:
Reject or refuse to post any material You provided for any reason whatsoever;
Remove any material from the Website, reject or refuse to post any material You provided for any reason whatsoever; whether or not the material goes against any of these conditions; or
Restrict, suspend or stop Your access to all or any part of the website at any time.
We may need to contact the Subscriber for administrative purposes or to make checks on the Subscriber’s material. For full details of when and how we may contact the Subscriber, please see our Privacy Policy.
If the Subscriber does not want to grant us the permission set out above on these terms, please do not provide any material to the website.
The company does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will the company be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
The Service or the Website may provide, or third parties may provide, links to other World Wide Web sites or resources. The Company has no control over such sites and resources, You acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. (See Indemnity below for more detail).
Indemnity
You agree to irrevocably indemnify and hold the Company and it’s subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of:
Any information or any of the Services that You use from the Company or the Website.
Your connection to the Service or Website; or
Your violation of the TOS;
Your violation of any rights of another.
Disclaimer of Warranties
You expressly understand and agree that:
Your use of the service is at your sole risk. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We make no warranty that:
The Service or Website will meet Your requirements, or
The Service or Website will be uninterrupted, timely, secure, or error-free; or
The results that may be obtained from the use of the Service or Website will be accurate or reliable, and
The quality of any products, services, information, or other material purchased or obtained by You directly or indirectly through using the Service or the Website will meet the Your expectations.
Any errors will be corrected
Any material dowloaded or otherwise obtained through the use of the Services or the Website is done at Your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download or use of any such material.
No advice or information, whether oral or written, obtained by You from the Company, through the Service or the Website shall create any warranty not expressly stated in the TOS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
A) THE USE OR THE INABILITY TO USE THE SERVICE;
B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR THE WEBSITE;
C) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR THE WEBSITE; OR
E) ANY OTHER MATTER RELATING TO THE SERVICE OR THE WEBSITE.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service or the Website, use of the Service or Website, or access to the Service or Website.
Modifications to Service
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service or Website (or any parts thereof) with or without notice. You agree that the company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Disclaimer Specific to Financial Matters
No information on the Website or through the Services constitutes a solicitation, an offer or a recommendation to buy, sell or dispose of any investment, to engage in any other transaction or to provide any investment advice or service.
No information published, nor any opinion expressed in the Website or through the Services constitute a solicitation or offer, or recommendation, to buy or sell any investment instruments, to effect any transactions, or to conclude any legal act of any kind whatsoever. None of the services, investments or mutual funds advertised or referred to in this site are available, and prospectuses in respect of them will not be distributed, to persons resident in any country, state or jurisdiction where such distribution would be contradictory to local law or regulation.
The Service and the Website is provided for informational purposes only, and no Content included in the Service or on the Website is intended for trading or investing purposes. The company and it’s licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service or the Website, and shall not be responsible or liable for any trading or investment decisions made based on such information.
Jurisdiction
These TOS shall be interpreted construed and enforced in accordance with the laws of England and Wales.
The parties irrevocably agree to submit to the exclusive jurisdiction of the courts of England over any claim or matter arising under or in connection with the subscription or its subject matter or formation (including non-contractual disputes or claims).
Mediation
If at any time any question, dispute or difference whatsoever shall arise as to the formation, meaning, operation, validity or effect of the TOS or the rights, duties or liabilities of the parties under or by virtue of it or otherwise or any other matter in any way connected with or arising out of the subject matter of the TOS, either party may give to the other notice in writing of the existence of such question, dispute or difference and the same shall be referred to a mutually agreed Third Party Mediator within 28 days of such notice.
Arbitration
If an attempt at Mediation (as above) should fail then the dispute or difference shall be referred to the arbitration of a single arbitrator to be agreed upon by the parties within 28 days of the failure of such an attempt, or in default of such agreement, to be nominated by the President for the time being of the Law Society of England and Wales such arbitration to be conducted in accordance with the Arbitration Act 1996.
Joint Venture or Partnership
Nothing in this Agreement shall be construed as creating a partnership, joint venture or an agency relationship between the parties and neither party shall have the authority or power to bind the other party or to contract in the name of or create a liability against the other party.
General
Failure by either party to enforce any accrued rights under this Agreement is not to be taken as or deemed to be a waiver of those rights unless the waiving party acknowledges the waiver in writing.
It is hereby declared that the foregoing paragraphs, sub-paragraphs and clauses of this Agreement shall be read and construed independently of each other.
Should any part of this Agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
No addition to or modification of any clause in this Agreement shall be binding on the parties unless made by a written instrument and signed by the signatories to this Contract or their duly authorised representatives.
This Agreement sets out the entire contract and understanding of the parties and is in substitution of any previous written or oral Agreements between the parties.
Confidentiality
Both parties shall keep in strict confidence all information which are of a confidential nature and have been disclosed by one party to the other party and shall procure that the receiving party’s employees, agents, consultants or subcontractors keep in strict confidence all such information other than for the purposes of performing its obligations under this Agreement.
Third Party Rights
A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
Apendix 1
Essential Plan Listings
FREE –the Essential Plan listings allow you to provide full contact details of your business including phone number, website, contact email and a map location and all be search engine visible. The business listing will be limited to one location/country and within one single business category.
Enhanced Plan Listings
$49 per month (billed annually) – Enhanced Plan listings are the same as a Essential Plan but includes additional features;
Premium Plan Listings
$69 per month (billed annually) –– The Premium Plan includes all of the benefits of the Essential and Enhanced (above) but also includes;
Multi-Elite Plan Listings
$119 per month (billed annually) –– The Premium Plan includes all of the benefits of the Essential, Enhanced and Premium Plans (above) but also includes;